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CalAttorney2
CalAttorney2, Attorney
Category: Landlord-Tenant
Satisfied Customers: 10244
Experience:  I am a civil litigation attorney with experience representing both landlords and tenants in residential and commercial property disputes.
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On April 12th I found a new place that me my husband 2 kids

Customer Question

On April 12th I found a new place that me my husband 2 kids and father in law wanted to move into. My father in law was just out here on a 2 week vacation visiting from Alabama. We all agreed that if we found a place he would fly back get his affairs in order and come back in 4 weeks. Well we applied and were accepted into this new place. He told me that the building would be ready for move in May 1st. This is a brand new building with about 22 Condos. We were told by him on April 15th that we were accepted. I then took him $2600 for the first months rent plus $2600 for the deposit. He asked me when would I like to move in I said May 15th I need to give my landlord a 30 day notice. He said ok that is fine. I gave my landlord a 30 day notice which would of made the end date May 15th. On May 13th I call to ask him if we can possibly get the keys the next day so we can start the move in. He tells us please give me until Tuesday Which would of been May 17th because the city had to come by to ok for him to move everyone in. I asked you said it would be ready for move in May 1st which is what his add also said. He said yes I know but it will be ready for sure Tuesday. So in the mean time I ask the landlord for more time the extra 2 days shes already pissed about it. She claims she is going to move in I need to be gone by then or will take legal action. So Tuesday comes its still not ready.Now im freaking out because we must be gone from the old place. So we had to move all our stuff and pay for a storage.Now mind you my father in law is all packed and on his way back to San Diego California. He keeps changing the dates on when it will be ready because the city is not passing it on the expection. So mean while we have all been living from Hotel to Hotel Since May 17th. Eating out 3 times a day. Me and my husband mean while are stressed out and trying to keep a float. Can I sue him for all the expenses we have had to pay or for pain and suffering? If so what is the max amount allowed? Thank You.
Submitted: 10 months ago.
Category: Landlord-Tenant
Expert:  CalAttorney2 replied 10 months ago.

Dear Customer,

I am sorry to learn of this situation. You can sue the new landlord for breach of contract.

The measure of damages will be the cost of storage and your hotel. (Pain and suffering damages only apply to personal injury claims, not breach of contract claims). You can try suing for the difference between what you would pay for groceries and what you have to pay in dining out, the court may or may not award these damages (but you can certainly ask for them).

The CA small claims advisor has all of the forms necessary (along with a great deal of helpful information to walk you through the process) here: http://www.courts.ca.gov/selfhelp-smallclaims.htm

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